Narendra Singh @ Nagendra Singh @ Chhote @ Narendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66232 of 2019 Arising Out of PS. Case No.-160 Year-2017 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Narendra Singh @ Nagendra Singh @ Chhote @ Narendra Kumar Singh S/o Satendra Narayan Singh R/o village- Chapardah, P.S.- Magadh Medical, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Mishra For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 504, 313, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 29-05-2019. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner undertakes that he will cooperate during trial. So far offence under Section 313 of the Cr.P.C. is concerned, a healthy child is said to have been born but subsequently, after born,
Patna High Court CR. MISC. No.66232 of 2019(2) dt.21-10-2019 2/2 the child died. Hence no offence under Section 313 of the Cr.P.C. is made out. Rest of the offences are triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya in connection with Magadh Medical (M.M.P.S.) P.S. Case No. 160 of 2017.
(Sudhir Singh, J) A.K.V.//- U T